National Republican., 1887-03-15
THE LAW CONSTRUED.
Information Wanted by the Commits
.Ioners in Regard TO APPROPRIATIONS.

Nhuhtu ny tho WINNING
.Ioners in Regard to Appropriations.
Comptroller Durham has been sent the
following letter by the commissioners:
The commissioners OF the District desire
your views as to the proper construction OF
the law upon the following points :, ,oo.
l. The act approved March y, 1851,
making appropriations for the expenses OF
the government Of the District for the fiscal
year ending June 30, 1888, on page OF the
pamphlet copy, provides as follows: "The
sums herein appropriated for materials for
permit work, current work on county
loads and suburban streets, constructing
county roads and suburban streets, for har-
Dor and river front, for sewers, purchase Of
sites, aud construction and equipment OF
school buildings, aud for procurement of
mains, engines, and boilers for the water
department shall be Immediately available"
Under this provision will it be lawful for
the commissioners to order work done
ohargeable to the appropriation for suburban
sewers from the contractor, who now has
the contract for work of this character, or
is 1t nocdful that new contracts be made for
the expenditure OF the amounts appro-
priated In the act referred to ? IL this be
necessary delay will ensue from the neces-
city for preparing specifications, advertls'
ing, the receipt OF proposals, making the
award and contract and tue beginning OF
the work by the contractor. As the act
provides that the sum appropriated shall
he Immediately available, IL would seem
that the commissioners were authorized to
use the present contract until such time as
new contracts can be made.
2. The appropriation for payment for
street improvements according to the sched-
ule Ia not made Immediately available, but
It is extremely desirable that the working
season prior to July be availed OF, other
swiee q serious loss OF time is involved.
nnps a fair atruptfpp pf thu Inv anthnr-
ize the commissioners to advertise for aud
make contracts now, the work to be done
by the contractor either prior or subsequent
TO July /, the delivery OF his work and Its
acceptance to be after that date, and no
ppyIents to be made until the new fiscal
year shall have opeDed2
8. In the appropriation act above re-
fcrred to the appropriation for street i'm
provements is "for Improvement OF streets
and avenues named In the schedule OF work
on city streets and avenues proposed for the
fiscal year 1885, contained In annual report
OF the commissioners Of the District of
Columbia for the year ended Jun 80, 1886,
pages 1916 and l47, being part O, House ex-
ecutiyc document No. /, forty-ninth Con-
gress, second session, as follows: In George
town, $4,000; in the northwest section, In
cluding the pavement Of New Jersey avenue
from NJ streetto Boundary street northwest,
$4,000; In the southwest section, $50, 900;
In the southeast section, $G5, 600; Ia the north
east section, $4,000, and for filling streets
below grade, at not exceeding 10 cents per
cubic yard, $4,000, in all 100000: Pro.
Tided, That under appropriations contained
in this act no contract shall be made for
making OF repairing concrete or asphalt
pavement at higher price than 50 per
square yard for quality equal TO the best
laid In the District prior to July !, 1886,
and with same depth OF base"
Upon comparing the amounts appro..
piiated in the above paragraph OF the act
Tor the several sections of the city with the
echedule referred to 1t will be observed
that in three cases, VIZ, southwest, south
east, and northeast, the amounts actually
appropriated exceed the total OF the esti-
mates for those sections. The question,
therefore, arises as to the proper manner
in which these augmented amounts may be
expended in order that the full advantage
thereof, manifestly intended by Congress,
shall be secured. There are apparently
two methods of accomplishing this object.
1t is obvious that no other than the streets
named in the schedule can be improved.
The schedule desigpates the limits within
which the improvements shall be effected,
and also indicates the amount to be eX-
pended upon those several portions, In
some cases providing for the paving OF the
streets, in others only for Its grading aud
regulation. In order to expend the appro-
tiou 1t will be necessary, therefore, either
to extend the limits over which the i'm
provement of q named street is to be ac
complished, or to change the character OF
the Improvement by providing for the paw
ing Of the street, after 1t shall have beer
regulated.
The question 1t is believed is an entirely
new one, inasmuch as the appropriation ac
for the first time allots specific amounts Il
the several sections, thereby making u
making impracticable to utilize unused
balances for any other section.
The commissioners arc desirous, In the
interest Of the District, to made all lawfu
provision to the limit of the appropriation
for needed improvements, and trust tha
such liberal construction may be given tt
the law IN question as will enable them e
utilize to the fullest extent the Dlstric
appropriation.